Facing accusations of creating, distributing or possessing child pornography? Your defense begins today. Call 800-834-6434.
Being accused of child pornography is a life-altering crisis. You face possible prison time, mandatory lifetime sex offender registration, substantial fines, and permanent damage to your professional life.
Both California law and federal law strictly prohibit any involvement with child pornography, and the penalties are severe. And because most child pornography is shared online, many California cases end up in federal court, where sentences can stretch into decades.
This can be an anxious and frightening time, but know there is hope to fight your charges. A crucial element in any child pornography case is knowledge. Prosecutors must prove you knowingly possessed or viewed illegal material. Challenging that knowledge element, and scrutinizing how evidence was obtained, often makes the difference between a conviction and a dismissal or acquittal.
If you or a loved one is facing child pornography charges, call an experienced attorney immediately. Do not assume a misunderstanding will resolve itself. Early intervention can protect your rights and possibly prevent charges from being filed.
Contact child pornography defense attorney Robert Helfend of the Helfend Law Group today at 800-834-6434 to review your case and receive for your free consultation.
California child pornography laws and penalties
California Penal Code 311 criminalizes virtually every act involving pornographic material of minors.
This includes knowingly possessing even a single illicit image or video of someone under 18, as well as sharing, producing, or selling such material. In plain terms, it is illegal to have, send, or create any pornography involving minors.
Most child pornography offenses in California are wobblers, meaning they can be charged as misdemeanors or felonies. A misdemeanor conviction can result in up to one year in county jail, while a felony conviction can lead to up to three years in state prison.
Any child pornography conviction, even for a first offense, also requires mandatory sex offender registration, usually for at least 10 years under California’s tiered system. Being a registered sex offender severely limits where you can live or work and carries a lifelong stigma. Prosecutors often pursue felony charges with enhancements in cases involving large quantities of material or prior sex crime accusations.
Federal child pornography laws and penalties
Federal child pornography laws are even stricter and come with harsher sentences. Federal law broadly forbids possessing, receiving, distributing, or producing any visual depiction of a minor engaged in sexually explicit conduct (18 U.S.C. §§ 2251–2252A).
This includes not only photos and videos, but also realistic computer-generated images that appear to show a real child. It does not matter if a depicted teenager was above the age of consent in their state or “agreed” to be photographed; under federal law, any person under 18 in a sexual depiction is considered a minor.
A case will often fall under federal jurisdiction if it involves the internet or crosses state lines. In practice, almost any online activity—email, chats, or file-sharing—can trigger federal charges, since internet data frequently crosses state or national borders. It is common for local California investigators to work with federal agents such as the FBI or Homeland Security. If federal charges can be brought, they usually will be, because federal penalties are so severe.
Federal penalties
Simply possessing child pornography can be punished by up to 10 or 20 years in federal prison. Certain offenses carry mandatory minimum prison terms:
- Producing child pornography – minimum 15 years in prison, up to 30 years per count.
- Distribution or receipt of child pornography – minimum 5 years, up to 20 years per count.
- Possession of child pornography – no set minimum for a first offense, but often charged in a way that imposes at least 5 years.
Sentences can increase if aggravating factors apply, such as images of very young children, sadistic content, or large numbers of files. It is not unusual for a federal defendant to face decades in prison when multiple counts stack up. Every federal conviction also brings mandatory sex offender registration, typically for life, and strict supervision conditions after release.
Aggressive enforcement and trends
Child pornography crimes are a top priority for law enforcement. Special task forces combining local police with federal agents conduct undercover stings in file-sharing networks and chat rooms to identify suspects. Investigators use advanced digital forensics to trace illegal files by their unique hash values and to track IP addresses of individuals accused of distributing child pornography.
Technology companies are also heavily involved. Internet services like Google, Facebook, and Dropbox automatically detect and report suspected child pornography offenses to the National Center for Missing & Exploited Children (NCMEC). NCMEC provides leads to law enforcement, meaning an investigation can begin from an automated report even if no one you know reported you.
Many cases that start locally end up being prosecuted federally if there is an interstate aspect or a large-scale operation. Federal prosecutors tend to seek longer prison sentences, and they often take over major child pornography cases to maximize penalties.
Bottom line: These cases are pursued aggressively using sophisticated tools and inter-agency cooperation. If you suspect you are under investigation, it’s crucial to speak with a criminal defense attorney early to protect your legal rights.
The legal process
- Investigation and arrest. Many cases begin with online surveillance. Police may execute a search warrant to seize computers or devices, and they may arrest you if they discover you possessing child pornography. If this happens, it is critical to remain silent and request legal counsel immediately.
- Initial court hearings. In California state court, there may be a preliminary hearing to confirm probable cause, followed by an arraignment where you are formally charged, enter a plea, and bail is considered. In federal court, indictments often follow grand jury proceedings, and federal judges frequently impose very high bail or deny release.
- Discovery and motions. The defense will obtain all prosecution evidence. Pretrial motions often focus on excluding evidence from an illegal search. Suppressing unlawfully obtained files can weaken or destroy the prosecution’s case.
- Plea bargain or trial. Many child pornography charges are resolved through plea agreements. We work to reduce counts or avoid stacked mandatory minimums. If trial becomes necessary, prosecutors must prove every element beyond a reasonable doubt. We challenge their evidence and present defense strategies to highlight weaknesses.
- Sentencing. If convicted or found guilty, sentencing follows. Judges weigh mitigating factors such as no prior criminal charges, good character, or rehabilitation efforts. Federal courts must also follow mandatory minimums. Any conviction requires sex offender registration and often lengthy supervision.
Defense strategies
Every child pornography related offense is unique. Common defenses include:
- Illegal search. Evidence obtained without a valid warrant may be excluded. For example, in one case an unlawful computer search resulted in all evidence being thrown out and charges dismissed.
- Lack of intent or knowledge. Files can end up on a computer without the user’s knowledge, such as through malware or because another person accessed the device. If evidence shows files were hidden or never opened, it raises reasonable doubt.
- Content and age disputes. Prosecutors must prove the images meet the legal definition of child pornography and that the subject was under 18. In past child pornography cases, we showed some files were actually of adults, resulting in dropped charges.
Robert M. Helfend’s experience and results
Robert M. Helfend is a veteran criminal defense attorney with over 40 years of experience in Los Angeles County and throughout California. Since 1984, he has handled more than 4,000 criminal cases, including many child pornography cases in both state and federal court. He understands California’s child pornography laws and federal statutes in detail, and he knows how to build the strongest possible defense.
Mr. Helfend has achieved dismissals, acquittals, and reduced charges in difficult cases, including those involving serious child pornography allegations. Prosecutors know he is willing to take tough cases to trial, which often leads to better plea offers for his clients.
When you hire the Helfend Law Group, you work directly with Robert Helfend. Your case is not passed to junior defense attorneys. The law firm is committed to protecting your future and fighting for a favorable outcome.
Talk to an attorney in confidence
If you or a loved one is facing child pornography charges in California or federal court, do not wait to seek legal counsel. The prosecution is already building its case, and early intervention is critical. Robert M. Helfend offers a free consultation to review your case. We will listen to your story, answer your questions, and explain your defense options.
Call 800-834-6434 today to speak directly with Robert Helfend and learn how our law firm can help protect your future.
Published January 22, 2013. Updated September 13, 2025.
References
- California. Legislature. California Penal Code § 311 et seq. California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.&lawCode=PEN. Accessed 2 May 2025.
- United States, Congress. United States Code. Title 18, §§ 2251–2252A. Government Publishing Office, https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110. Accessed 2 May 2025.
- United States Sentencing Commission. Federal Sentencing of Child Pornography Non‑Production Offenses: 2022 Report to the Congress. United States Sentencing Commission, 2022, https://www.ussc.gov/research/research-reports/federal-sentencing-child-pornography-non-production-offenses. Accessed 2 May 2025.
- United States Department of Justice. Child Exploitation and Obscenity Section. Annual Report 2024. U.S. Department of Justice, 2024, https://www.justice.gov/criminal-ceos. Accessed 2 May 2025.